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Mark A. Saloman

As Co-Chair of FordHarrison's Non-Compete, Trade Secrets and Business Litigation practice group, Mark Saloman extensively litigates and counsels businesses and executives on the meaning, drafting, and enforceability of various types of post-employment restraints such as non-compete agreements, non-solicitation provisions, confidentiality agreements, and other restrictive covenants.

For more than 25 years, he has successfully litigated these types of cases in more than 20 states and tried them to conclusion in state and federal courts. Mark also negotiates all types of employment and separation agreements for companies as well as senior executives. Mark has been recognized by New Jersey Super Lawyers and named a New York Area Top Rated Lawyer by ALM Media. He has also been honored for his pro bono efforts in the community.

Mark's practice also concentrates on complex employment litigation at the state and federal levels, encompassing wrongful termination, employment discrimination arising under Title VII and similar state statutes, sexual harassment, hostile work environment, constructive discharge and retaliation claims, and whistleblower actions. He provides peace of mind for clients throughout the country on all aspects of employment law, including discharge, discipline and other personnel problems, internal investigations, and leave of absence issues. Mark frequently works with national and international clients in the pharmaceutical, education, technical staffing, and fashion industries.

Mark also serves as Co-Chair of the Firm’s Cannabis Law practice group, through which he advises national and international companies on the ever-changing state laws concerning employee use of medicinal and recreational marijuana. This counseling includes addressing employee reasonable accommodation requests for use of medicinal cannabis, employee claims of wrongful discipline or termination, pre- and post-employment drug testing, and other unique challenges affecting the entire life cycle of the employment relationship.

A frequent lecturer, Mark has presented for the New Jersey Institute of Continuing Legal Education, the New Jersey Defense Association, the Association of Corporate Counsel, the New Jersey Superior Court Civil Division Education Conference, and other organizations. A noted author, he has published more than five dozen articles on employment law and litigation, is a contributing author of Vol. 18, New Jersey Practice – Employment Law, 2d Ed. (Goldstein, et al., eds., West Group, 2005), and is quoted often in the media. Mark has appeared eight times before the Supreme Court of New Jersey on behalf of the Employers Association of New Jersey as amicus curiae, has successfully argued matters on appeal, has litigated matters to conclusion in state and federal court and before the U.S. Equal Opportunity Commission and state civil rights enforcement agencies, and has more than 60 reported and unreported decisions in employment and commercial law to his credit. He has been certified by the Office of Dispute Resolution as a mediator in accordance with New Jersey Court Rule 1:40-4 and conducts mediations on referral.

Representative Experience

Won one of the first temporary restraining orders in the country under the Defend Trade Secrets Act of 2016, compelling former employee of high tech company to return pilfered laptop and other confidential information after his separation.

Successfully defended sales manager in New Jersey federal court from former employers' attempt to stop manager from working for a competitor in the specialty chemicals industry.

Obtained temporary restraining order from the Supreme Court of New York shutting down rival company's U.S. product launch due to breach of commercial non-disclosure agreement and former senior executive's violation of post-employment non-compete obligations.

Defeated international modeling agency's demand for temporary and preliminary injunction on former modeling agent's activities.

Obtained injunctive relief before the Supreme Court of New York, stopping the former chief operating officer of a chain of high-end food and retail stores from soliciting or hiring his former employer's employees.

Served as lead trial counsel in an adversary proceeding in federal bankruptcy court in Delaware to advance the sale of a shopping-center security firm by winning a preliminary injunction to protect the company's chief asset, its customer relationships, from poaching by an ex-senior executive.

Earned a significant victory for a leading global financial-services firm when the Supreme Court of New York granted summary judgment and dismissed years of contentious litigation over an ex-employee's claims of religious discrimination, hostile work environment, and retaliation.

Obtained a defense verdict, after an eight-week jury trial in California, in favor of a national medical-devices manufacturer against allegations of "corporate raiding" brought by a competitor. The defense verdict was the 14th lawsuit filed against the client or its employees in 10 different states. After defeating seven emergent applications for injunctive relief, Mark was instrumental in forcing the competitor to drop 13 pending lawsuits before the jury resolved the 14th in the client's favor.

Honors & Awards

“Recognized Practitioner,” Chambers USA: America’s Leading Lawyers for Business

Best Lawyers in the New York Area – Employment Law, 2019

Top Lawyers 2019, Inside Jersey magazine, 2019

Best Lawyers in America - Employment Law, 2018-19

Top Attorneys in New Jersey, New Jersey Monthly magazine, 2018

Who's Who Registry of Executives & Professionals, 2019

New Jersey's Top Rated Lawyers of 2015 - Labor and Employment

New York State Bar Association Empire State Counsel Award, 2014-15

New Jersey Super Lawyers, Super Lawyers magazine, 2013-present*

New Jersey Defense Association Outstanding Service Award, 2012-13

DRI Exceptional Performance Citation, 2012-13

"40 Under 40," New Jersey Law Journal, 2007

*Mark was selected to the Super Lawyers list issued by Thomson Reuters. The selection methodology is found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.